Dáil Éireann Debate, Thursday - 13 March 2014
217. Deputy Shane Ross asked the Minister for Children and Youth Affairs the action that has been taken regarding the issue of step-parent adoption, as raised by this Deputy under Topical Issues on 10 October 2013; the reason the glaring anomalies have still not been addressed; and if she will make a statement on the matter. [12623/14]
View answerUnder adoption legislation, when a child is registered on the Register of Adoption the child is deemed to be the fully legal child of the adoptive parent/couple, having exactly the same legal status as any biological child of the couple born to them within their marriage. In effect, once an adoption takes place, all previous links to the birth family are severed and the adopted person is considered part of the adopted family. In the case of step-parent adoptions, it is therefore necessary for the birth mother to adopt her child as part of the adoption process.
I am aware of the anomalies with respect to adoption by step-parents. These provisions first originated in the 1952 Adoption Act and were further consolidated in the Adoption Act, 2010. My Department is undertaking a review of adoption policy and the operation of the Adoption Act, 2010. As part of this review I am examining how to address the anomalies in relation to step-parent adoption, including the requirement for a natural parent to ‘adopt’ their own child and the creation of a new birth certificate recognising the newly-adoptive parents and possibly removing the recognition of a birth parent. I have sought clarification on the constitutional and legal position with respect to step-parent adoption and I am confident, based on the legal advices received, that there are no constitutional barriers to legislative change in this area. There are a number of complex legal and policy issues which would need to be examined within the broader framework of family law relating to parentage and guardianship.
